Brian Terry Family Files $25 Million Wrongful Death Lawsuit Against ATF

Two years ago to the day of December 14, 2012 Border Patrol Agent Brian Terry was murdered during a BORTAC operation that was tracking down illegal Mexican bandits in Arizona. Unknown to Terry at the time was the fact that the weapon he would be killed with was supervised leaving America, crossing our border into Mexico and ending up in the hands of members of Mexico's drug cartels. The weapon used to kill Terry and found at the scene of his murder came from the Justice Department's Operation Fast and Furious. A day before the two year anniversary of Terry's death, his family has filed a $25 million wrongful death lawsuit against Alcohol, Tobacco, Firearms and Explosives (ATF) officials.

The lawsuit, filed Thursday, was filed one day before a deadline for filing a wrongful death claim in federal court and the family claims that it should have known that Operation Fast and Furious created a risk to law enforcement authorities.

The family also sued a federal prosecutor who had previously handled the case but is no longer on it, and the owner of the gun store where two rifles found in the aftermath of the firefight were bought.

The family alleges the ATF officials and federal prosecutor created a risk to law enforcement officers such as Terry, and that the firearms agents should have known their actions would lead to injuries and deaths to civilians and police officers in America and Mexico.

The family also alleged that firearms agents and the prosecutor sought to cover up the link between Terry's death and the botched "Fast and Furious" investigation.

The 65-page complaint claims, "ATF's failures were not only negligent but in violation of ATF's own policies and procedures."

They are also suing the Lone Wolf Trading Company who sold "hundreds of weapons" to various straw purchases.
According to Fox News,

The claim alleges that "but for defendants' negligent and illegal sales ... Brian Terry would not have been murdered in the Arizona desert on Dec. 14, 2010."

The family is seeking a jury trial.

The government now has six months to respond or the Terry family will file a suit for the $25 million.

Some bit of justice has already been done in incidents regarding Fast and Furious, but hardly any of the "big fish" have yet to be fried.

Hopefully with the impending lawsuit the Terry family may put enough pressure on Congress to get to the bottom of things in the scandal and their son's death.

The Right Wing Media has spent far more time om Mr. Terry than on all 7 years of Bush Blunders which cost the lives tens of thousands, including 5000 young American soldiers slaughterd in Iraq. Can they spell proportion?

NWFLconservative

I stand behind the Terry family 100% but there needs to be SEVERE CRIMINAL CHARGES in addition to civil ones brought against, at a minimum, Holder and Napolitano and possibly even Obama.

Canadianlady

I wish this family nothing but the best with this lawsuit. The government should pay dearly for what happened to this man.

2chestnuts

We should consider those responsible for the distribution of the Fast and Furious weapons as criminals and they should be prosecuted accordingly.

VicBailey

Remember what the ATF did in Waco, talk about wackos with guns that want to kill innocent children, and NOBOBY has been charged or fired for the the murders they commited! It will be your house next! Semper Fi.

har82

No kidding. And remember , the only 4 officers who died at Waco were - former clinton - bodyguards while in office in Arkansas ..Lots of strange deaths while that trash sat in the - oral - orifice - .

VicBailey

Those dumb bastards were killed by each other by shooting through a wall where they were on both sides thinking that the Dividans were on the other side! They all deserved to die for killing all those women, children and elderly. May the rest of the FBI and ATF rot in HELL! Semper Fi.

har82

Vic , my sentiments ,, exactly.
I have not for a moment ,, forgotten how things went in Waco ( I even have a tape ( black market one with the tanks and flame throwers on them spewing fire at the building . ) of the whole thing . Even the Sheriff down there said they did absolutely - nothing - ,, illegal . But - clinton - ,, and that mad cow of an AG reno , wanted to show the American people the - government - could do what ever the f,,k they wanted to do ( including murdering 78 men , women , and children ) . And the same BS at Ruby Ridge. And not one ,,, of them ever came up on charges for murder, in either ,, case .... And now we have Fast n Furious ,, as well as the latest slaughter in Ct. And still more murders from the weapons from , FnF as well. I really do hope the BATF, as well as the FBI rot in hell ,, as you say .

sandy2249

Because these guns were planted to make guns banned in the US & the media & democrats will say nothing and do nothing about this gun selling to Mexican bandits because it will hurt King Obama & Holder who the liberal media & democrats worship. This was exposed almost 4 years ago & to this day the media has never mentioned a word about it and won't ever !

har82

If it was otherwise , it would tend to make any logical , reasonable person wonder why ,,, the weapon was - just - left there to be found huh . No cartel , criminal , or otherwise nasty person is just going to leave such evidence behind to convict him now are they ??. Even black crooks aren't that ignorant ..( and don't jump om me for stating the obvious here )

Jerry

25 million is no big deal for the government. That is not near enough to make congress come clean on anything about this. Now sue Holder for 25 million and you may get somewhere.

VicBailey

You are right 25 million isn't nothing to the federal socialist government, they will just steal it from the taxpayer. When they need put out of business along with the CIA, FBI, IRS and every other crooked government outfit that steals and abuses the American taxpayer! Semper Fi.

Just My Thought

My sympathies are also with this family.
However, no amount of money will bring Brian Terry back to life.
I would be more interested in forcing the Obama Administration to admit their guilt in not allowing the borders to be, properly policed and also to make sure the illegals are prosecuted, when they break American laws.
No president - Republican or Democrat - has done that yet and it's a shame!!

har82

I think that is the whole reason behind the suit. Is to make them come clean about this fiasco and who ,, headed it all up. Personally, I think it goes straight to the White House right at a certain kenyan muslims feet.

You need to name Eric Holder as the lead defendant. He is Obama's little b*tch.

Ron G

At the very least obama and holder are accessories after the fact for withholding information. Those responsible and those who withheld information should be punished to the full extent of the law and pay any lawsuits.

har82

To hell with the money. I , want to see them in chains ...

Josephco

I hope the money the family gets is from the private accounts of those responsible for Brian's death and whatever balance is left unpaid then the Federal Government (our tax monies) should kick in for the rest. It is about time that Federal employees stop using our monies to get them off the hook. Let's empty their bank accounts first - it will be the only responsible thing to do.

Patriot

Good for them!

Don

They should get the money.

Randy131

Since the ATF broke our laws and encouraged others to do the same, despite the protest by many in their own ranks, which they ignored and ordered to continue, that eventually caused the death of Brian Terry, if there is no liberal judge overseeing this case, then the Terry family should win it hands down, for when the government purposely breaks are laws, or anyone employed by the government, then they should be held accountable for their unlawful actions and should have to pay any price a jury deems reasonable. You can't protect a government in our courts who openly and knowingly breaks our laws, or the nation would be in chaos of government lawlessness, unless it's citizens hold them accountable. Go Terry family, I hope the jury awards you even more, and any judge that stops this from going in front of a court with a jury, should be voted out of office, or impeached by those who are allowed to do so. What's good for the American people to obey, is good enough for the government and it's employees to obey, or suffer the same consequences the American people would have to.

Dee

My heart hurts for this family and what they are dealing with. As a daughter and granddaughter of Law Enforcement officers I understand what they must be going through, I am praying for truth and justice and for Obama and Holder to be held accountable for these murders.

Patriot

Obama and Holder definitely need to be held accountable.
They are both a despicable pair of human garbage who needs to be disposed of.

retiredmillwright

I hope they get the twenty five million dollars. I would like to see Erick Holder and Obama go to jail so that the parents of Brain Terry can have some justice too. This will not happen because justice doesn't rise to the level of Obama and his people any more.

fliteking

If the Gov't really cared about the death of Brian Terry they'd just write the check.

Momzilla11

No. The individuals responsible should be writing the checks out of their personal accounts and/or property sales.

Les

I'm with you on that, I'm tired of paying for the malfeasant and incompetent actions of federal employees. The people that dreamed this all up should pay through the nose for their actions.

Patriot

Amen. I would see to it that both Obama and Holder were made destitute for their betrayal of trust.